KARNATAKA ACT NO. 14 of 2016 the KRANTIVEERA SANGOLLI RAYANNA KSHETRA DEVELOPMENT AUTHORITY ACT, 2016 Arrangement of Sections Statement of Objects and Reasons
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KARNATAKA ACT NO. 14 OF 2016 THE KRANTIVEERA SANGOLLI RAYANNA KSHETRA DEVELOPMENT AUTHORITY ACT, 2016 Arrangement of Sections Statement Of Objects And Reasons Sections: 1. Short title, extent and commencement 2. Definitions 3. Constitution of the Authority 4. Term of office and conditions of services 5. Disqualification for office of membership 6. Removal of member 7. Eligibility for reappointment 8. Powers of the Authority 9. Sub-committees of the Authority 10. Appointment of Commissioner 11. Powers and duties of the Commissioner. 12. Employees of the Authority 13. General disqualification for services under the Authority 14. Meetings of the Authority 15. Proceedings presumed to be good and valid 16. Decisions of the Authority by circulation of note. 17. Power of Chairman to take certain decisions 18. Vesting of heritage sites in Sangolli Rayanna Kshetra in the Authority 19. Power to amend the Schedule 20. Preparation of developmental plan, its approval and execution 21. Maintenance of Sangolli Rayanna Kshetra 22. No other authority or person to undertake development without permission of the Authority 23. Power of entry 24. Levy of Fee 25. Delegation of powers of the Government on the Authority 26. Duty to maintain streets etc 27. Application of (Karnataka Act 32 of 1974) to the Authority Premises 28. Promotion of Tourism by the Authority 29. Delegation of powers 30. Fund of the Authority 31. Application of the Fund 32. Grant by the Government 33. Budget of the Authority 34. Accounts and audit 35. Reports 36. Authority not to sell any land within its jurisdiction 37. Certain persons to be public servants 38. Protection of action taken under this Act. 39. Default in performance of duty 40. Dissolution of the Authority 41. Control by the Government 42. Government's powers to give directions 43. Removal of difficulties 44. Power to make rules 45. Power to make regulations 2 STATEMENT OF OBJECTS AND REASONS I Act 14 of 2016.- It is considered necessary, to provide for the Establishment of an Authority called Krantiveera Sangolli Rayanna Kshetra Development Authority for development and maintenance of Krantiveera Sangolli Rayanna Kshetra in to an International Heritage, Cultural and Tourist centre, and for the matters connected therewith or incidental thereto. Hence the Bill. [L.A. Bill No. of 2, File No. Samvyashae 48 Shasana 2015] [entry 5 and 12 of List II and entry 40 of List III of Seventh Schedule to the Constitution of India.] II Amending Act 7 of 2018 .- It is considered necessary to amend the Krantiveera Sangolli Rayanna Kshetra Development Authority Act, 2016 to appoint the Deputy Commissioner, Belagavi district, Belagavi as Ex-Officio Member of the Krantiveera Sangolli Rayanna Kshetra Development Authority. Hence, the Bill. [L.A. Bill No.47 of 2018, File No. Samvyashae 43 Shasana 2017] [entries 5 and 32 of List II and entries 20 and 40 of List III of the Seventh Schedule to the Constitution of India.] 3 KARNATAKA ACT NO. 14 OF 2016 (First published in the Karnataka Gazette Extra-ordinary on the Fifth day of May, 2016) THE KRANTIVEERA SANGOLLI RAYANNA KSHETRA DEVELOPMENT AUTHORITY ACT, 2016 (Received the assent of the Governor on the Twenty ninth day of April, 2016) (As amended by Act 07 of 2018) An Act to provide for the establishment of an Authority for development and maintenance of Krantiveera Sangolli Rayanna kshetra in to an international Heritage, Cultural and Tourist centre. Whereas, it is expedient to provide for the establishment of a Authority for development and maintenance of Krantiveera Sangolli Rayanna Kshetra and into an international Heritage, Cultural and Tourist center; Be it enacted by the Karnataka State Legislature in the sixty-seventh year of the Republic of India, as follows:- CHAPTER – 1 PRELIMINARY 1. Short title, extent and commencement.- (1) This Act may be called the Krantiveera Sangolli Rayanna Kshetra Development Authority Act, 2016. (2) It extends to the area of Sangolli Rayanna Kshetra and heritage site. (3) It shall come into force on such date as the State Government may, by notification appoint. 2. Definitions.- In this Act, unless the context otherwise requires,- (a) 'Amenity' includes roads, streets, sub-ways, lightings, drainages, sanitations, electricity and water supplies or other conveniences, public works, market places, post offices, banks, hospitals, dispensaries, police stations, fair price shops, milk booths, libraries, recreation centers, service stations of any public utility services authorised by the Authority or other facilities; and such other amenities as the Government may, by notification specify; (b) ‘Authority’ means the Krantiveera Sangolli Rayanna Kshetra Development Authority constituted under section 3; (c) 'Chairman' means the Chairman of the Authority; (d) 'Commissioner' means the Commissioner of the Authority appointed under section 10; (e) 'Fund' means fund of the Authority; (f) "Government" means the Government of Karnataka; (g) “Heritage Site” means the whole of the area comprising the sites specified in the Schedule but excluding the area referred to as protected area under the Ancient Monuments and Historical Sites and Remains Act, 1958 (Central Act 24 of 1958). (h) 'Member' means a member of the Authority; (i) 'Regulations' means regulations of the Authority made under section 45; (j) 'Sangolli Rayanna Kshetra' means and includes limits of Sangolli and Nandagad villages of Khanapur taluk, Belgavi District and area within twelve kilo meters from the villages and lands acquired by Government from 4 time to time for development of Sangolli Rayanna Kshetra and heritage sites and such other area declared by the Government, by notification; (k) “Schedule” means Schedule appended to this Act. CHAPTER – II AUTHORITY AND ITS EMPLOYEES 3. Constitution of the Authority.- (1) As soon as may be, after the commencement of this Act, there shall be constituted for the purposes of this Act, an Authority called the Krantiveera Sangolli Rayanna Kshetra Development Authority. (2) The Authority shall have its headquarters at such place as may be determined by the Authority from time to time. (3) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and enter into contract and shall by the said name sue and be sued. (4) The Authority shall consist of the following members namely:- (a) The Chief Minister of Karnataka Chairman (b) The Minister in charge of Backward Classes Welfare Co- Chairman Department (c) The Minister in charge of Kannada and Culture Ex-officio Member Department (d) The Minister in charge of Revenue Department; Ex-officio Member (e) The Minister incharge of Belagavi District Ex-officio Member (f) The Members of Parliament and Members of the State Member Legislature representing a part or whole of the Sangolli Rayanna Kshetra whose electoral constituencies lie within its limits; (g) The President, Zilla Panchayat, Belagavi Ex-officio Member (h) Not exceeding five members nominated by the Member Government who knows Hypothesis of Sangolli Rayanna; (i) The Principal Secretary to Government, Backward Clases Ex-officio Member welfare Department (j) The Secretary to Government, Kannada and Culture Ex-officio Member Department (k) The Secretary to Government, Revenue Department Ex-officio Member (l) The Secretary to Government, Finance Department Ex-officio Member (m) The Secretary to Government, Rural Development and Ex-officio Member Panchayat Raj Department 1[“ (ma) The Deputy Commissioner Belagavi district, Belagavi Ex-officio Member ”]1 (n) The Chief Executive Officer, Tank Development Authority Ex-officio Member (o) The Chief Executive Officer, Zilla Panchayat, Belagavi. Ex-officio Member (p) The Director, Kannada and Culture Department Ex-officio Member (q) The Commissioner, Tourism Department Ex-officio Member (r) The Executive Officer, Taluq panchayat, Khanapur Ex-officio Member (s) The Executive Officer, Taluq panchayat, Bailahongala Ex-officio Member 5 (t) The President, Gram Panchayat, Nandagada Ex-officio Member (u) The President, Gram Panchayat, Sangolli Ex-officio Member (v) The Commissioner of the Authority Member Secretary 1. Inserted by Act 07 of 2018 w.e.f. 9.03.2018. 4. Term of office and conditions of services.- (1) Subject to the pleasure of the Government the non-official members nominated by the Government shall hold office for a period of three years. (2) Any non-official member may resign his office by writing under his hand addressed to the Government but shall continue in office until his resignation is accepted. (3) The non-official members shall receive such allowances as may be prescribed. 5. Disqualification for office of membership.- A person shall be disqualified for being appointed as and for being a member if he,- (a) has been convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude; or (b) is of unsound mind and stands so declared by a competent court; or (c) is an undischarged insolvent; or (d) has been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Government or a State Government; or (e) has directly or indirectly by himself or as partner, or agent has any share or interest in any work done by the order of the Authority or in any contract or employment with or under or by or on behalf of the Authority ; or (f) is employed as a paid legal practitioner on behalf of the Authority or accepts employment as legal practitioner against the Authority : Provided that, no person shall be disqualified under clause (e) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause by reason only for he is having a share or interest in any newspaper in which any advertisement relating to the affairs of the Authority. 6.